AJMUK

The thread isn't completely dead, we're either on the NVC thread or Facebook now lol

In terms of your timeline, Captain Ewok is the main dude of this site. You could ask him, or a mod will hopefully see this and let you know what to do :-)

May the Adjustment of Status be as painless as possible!!

thanks, me too We got as far as affidavit of support with NVC, then after a lot of thinking and taking everything to account, we decided to go down the adjustment route. We've both been in Florida since June and now we are waiting for the biometrics appointment date, and then the interview. Looking at the timelines, I'm keeping my fingers crossed for an approval in time for Christmas, but I'm probably being a little optimistic :-/

Hi guys - I'm not sure if this thread is dead or not, but I've had an email asking me to update my timeline, and I'm not sure I can. We have changed from consular processing to adjustment of status, and we just received the NOA1 from the Nebraska office. So technically I'm still a September 2013 filer (the adjustment of status application has a September 2013 priority date, in spite of being filed in August 2014) but we're no longer going to be using consular processing, and I can't see a way to change that much detail in my timeline.

Yup, I hear what you're saying (and thanks for saying it!).

My gut feeling is that given the link I posted above, they do expect that some spouses will enter the US using visa waiver, and once they're in the country, they decide they want to stay, otherwise they wouldn't have created the 'you can't adjust status on a visa waiver - unless you're an immediate relative' rule.

I know it's wishful thinking, but I'm hoping they'd see that because we are already so far down the NVC route,we aren't trying to do anything dodgy. I agree it's a catch 22, and I can see how it might 'look' dodgy, but it would look a whole lot dodgier if we'd done this a year ago, before jumping through all the hoops we've already jumped through. Also, in reality, as they very rarely take action against immediate relatives who overstay on a VWP, why would they get the hump with people who are obviously trying to go through the correct channels?

(I'm just thinking aloud)

You're right, I should probably post this in the NVC board but I'm worried now about getting too many conflicting pieces of advice, because that will make me even more confused than I already am :-/

I've just had enough of the whole process. We both have. We have been together for 17 years and we just want to stay together now that we are physically together.

Hi everyone.

Im not sure if this needs to be moved to a different board or not - I wasn’t sure where to post it. I need some advice and some input.

The story in a nutshell - i-130 was filed September 2013. NOA1 and NOA2 received and all fine. Case sent to NVC.

I sent in the Affidavit of Support form around a month ago, and a few days ago I received an email from NVC to tell me that I’d basically screwed the form up. I hadn’t filled it in properly, so I received an RFE by email. Thats not a major problem, I just need to fill it in again and send it to them.

However…

This whole ridiculously long and over-complicated process has taken its toll on us both. Just like it has for many of you, its been horribly stressful and annoying, and although we’ve been dealing with it together, we’ve also been dealing with it apart, as I’m in the US and my other half is living in the UK. So all in all, its been very stressful, and I know you can identify with that.

Here’s the thing though. My other half is now with me in the US. She arrived a few days ago and she’s here for 3 weeks, which is great. She’s not due to go back to the UK until mid July.

However, after talking a lot face to face, its become very clear that neither of us are handling this very well on our own, and we don’t want to be parted any more.

As such, we want to change from consular processing to adjustment of status.

She entered the US legally using the visa waiver programme, and she had no intention of staying in the US until I suggested it.

Now, I’m going to call the NVC on Monday to ask how we can do this, because right now, I don’t even know if such a thing is possible.

So until Monday comes around, I wanted to ask all of you if you’ve ever heard of anyone changing from consular processing to adjustment of status, and if so, how the hell do we do it?

I know adjustment of status is more expensive, but to be honest, I don’t really care. I want this process to be over with, and I don’t want us to be separated any more.

So, thats basically my question. Have you heard of anyone changing from CP to AOS, and if so, how? (oops, thats 2 questions!). I’ve looked on the internet, and I can see one post on this very site which asks more or less the same question(s) I’m asking, but there wasn’t really a definitive reply.

Im happy to jump through more of America’s rings of fire to get this process completed, but I’m not prepared for us to go through the rest of this journey on two different sides of the Atlantic. Now that she’s here, I plan on her being here until she gets a green card.

It has always been difficult for us to spend time apart, but it wasn’t until she arrived on this trip that I realised just how difficult its been. When I suggested we go down the AOS route rather than the CP route, she was overjoyed.

The only real source of information I can find is on the following link, but its difficult to read and it doesn’t make an awful lot of sense to me. It looks as if its saying that Visa Waiver entrants who are immediate relatives can apply for adjustment of status - but is that possible after going half way through the consular processing route?

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

As I said, I will call both NVC and USCIS on Monday, but until then, your input would be great. Thanks a lot as always.

Hi guys and gals

Just a quickie... I received my fee invoice from NVC today for the $88 AOS fee, which has now been paid online, and we have completed the DS-261 'choose your agent' thingy or whatever it's called

Anyone know what the IV processing fee will be? Also (and I've tried to figure this out from the NVC flowchart, but couldn't), do any of you know what the rough average processing time is between paying the $88 and the actual interview at the embassy? Obviously it's hard to predict but I'm just looking for a rough idea.

We are in Florida now but return to the UK on May 29, and we will be there for about a month, and I'm wondering if the interview might possibly take place at around that time...

Hope you're all well and surviving this totally bull5h1tty visa process

Hi guys, long time no speak, things have been a little crazy down in the Deep South!

Spoke to NVC this morning and they've assigned a case number and I'm waiting for an email from them to tell me what it is. Once I've received it, I can then pay the $88 AOS fee.

No idea what happens after that or how long it's going to take. The whole thing is getting on my t**s.

Twitter makes no sense to me. It's like entering the Twilight Zone. It must be run by USCIS

I have a Facebook account but I have a terminal phobia of Facebook... Hate it. Almost as much as I hate Twitter

That's more or less what my NOA2 said, which I received in the mail yesterday, as well as giving me a choice between AOS and consular processing, but today's email just makes the whole thing more confusing. I don't think I have read anyone's posts on this forum which mentions an email with wording like the one I received today

My life is officially a soap opera.

Yesterday, I received my NOA2, which gave me a choice; AOS or consular processing. We decided to go for AOS because that way we could at least enjoy the Florida sunshine while we are waiting. The NOA2 gave details of which forms to fill in, depending on which route we want to take.

Today, I received my 9,233rd email from USCIS, and it says:

------------

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Your Case Status: Post Decision Activity

On March 14, 2014, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

-------

So in effect, we no longer have a choice, because they've sent the petition to the NVC anyway.

British and commonwealth users of this forum may well know the phrase about, um, organising a social event inside a brewery. The phrase applies to USCIS. Just saying.

It has the same result, but you can't work while waiting for an AOS. Well, you can but the paperwork for it is an additional like $600 and it takes about 6 months to process. Plus you do have to get into the country to be able to file for it. Plus it costs about $1500.

Yeah it's around $1000 for the i485 then you have the fees for the medical and the fingerprints and the affidavit of support and basically anything else they think they can charge some money for. Not a cheap process at all.

As far as I can tell, AOS takes longer and is more expensive - but for us, it would be much easier than having to deal with the embassy in London, plus it means we can be in the US rather than the UK, which is obviously what we want, hence applying for the visa in the first place. I'm lucky, I'm a UK citizen as well as a US citizen, so it's possible for us to do this either way without having to be apart, but as nice as the UK can be, I've been there for over 40 years, and for me, it's enough already

Well, based on this: http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

I think we're going to do the following.

1. Fly back to the UK next month

2. Get rid of our flat in Northampton (can't wait)

3. As soon as we've done that and shipped our ####### to Florida, we'll get on a plane and fly back to Florida (one of us on a US passport, the other on VWP)

4. Apply for AOS

The End.

I can't be doing with all this. I don't think I'll even phone USCIS tomorrow...I think we will just do the AOS thingy and be done with it. Ok, so it means she won't be able to go back to the UK while the I-485 is in progress, but thats not going to cause any tears.

I've never been so fed up with anything in my entire life, apart from maybe watching a game of cricket.

Oh wow! I haven't see our hard copy NOA2 yet, but I'm sure ours probably doesn't say that! How very confusing!

I think someone in Texas must have munched one too many breakfast burritos and pushed the wrong button on their computer. The NOA2 is basically telling me 'ok, its approved, now its up to you as to how to proceed', and I don't think that can possibly be correct.

I literally have no idea where to go from here. I've been reading up on this BS for months now, and I was sure I had the whole process straight in my head, but right now, I'm back to square one.

I guess I'm going to have to speak to a tier 2 tomorrow. I fancy that as much as I fancy having a heart attack.

Ok, if you thought I was confused before, you ought to see me now.

I just received my NOA2, dated March 7.

When I sent in my I-130, it was very clear from the information I gave that at the time, I was in the US and my other half was in the UK, so I was petitioning for a visa which would then be processed by USCIS and then NVC and then at the embassy in London.

The NOA2 says:

The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. He or she should contact the local USCIS office to obtain for I-485. A copy of this notice should be submitted with the application.

If the person for whom you are petitioning decides to apply for a visa outside the United States based on this petition, the petitioner should file form I-824, Applcation for Action on an Approved Application or Petition, to request that we send the petition to the Department of State National Visa Center (NVC)

So, basically, #######?

I thought the process was that USCIS sent the application to a service centre (in my case, Texas) and once the I-130 was approved, Texas would automatically send it on to NVC, and NVC would then send it on to the US Embassy in London.

I'm now completely confused - Do I/we have to make a choice as to whether to go down the AOS route or the consular route?

As it happens, my other half is here in Florida with me now. We arrived on Tuesday, and she's here for 6 weeks, and then going back to the UK, but I'm now wondering if she should just stay here and go the AOS route, although I think it costs quite a bit more. Not that I particularly care because this entire process is getting RIGHT ON MY MAMMARIES, and I just want to get it over and done with.

So, is the NOA2 I've received the 'usual' type of NOA2? Does everyone at this point get a choice between consular processing or AOS, and if so, how the hell do I proceed? I have to start sending in more pointless forms just to have Texas send it on to NVC??

HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

*im at the end of my rope*

Who knows. I'm 100% confused about the whole thing

Oh.

Don't you just love it when things are simple and straightforward?

*kills self*

Nope. Here's what it said. Someone must have worked on it because of the 'post decision activity' thing. The separate letter that came with the NOA2 also said that I should call them if I don't receive a decision within 60 days. The whole thing is way too confusing.

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Your Case Status: Post Decision Activity

On March 7, 2014, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

If you have questions or concerns about your application or the case status results

listed above, or if you have not received a decision from USCIS within the current

processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.

I mean, it does mention the department of state, but not that it's actually been passed to them

*scratches head too*

Morning all

I got to Florida last night and my NOA2 was waiting for me, and my case was transferred to Texas, and the notice date is February 27. There was also a separate sheet of paper explaining that because of a backlog at the NBC, they are transferring cases elsewhere, ie Nebraska, Texas and California

However, I'm still confused over the course of events. Although the NOA2 is dated February 27, a few days later on March 7, I received an email from USCIS which actually used the word 'approved'. I think it said 'we have approved your petition'. So does this mean that between Feb 27 and March 7, someone in Texas looked at my case and actually worked on it and approved it? Or was the email of March 7 just another pointless email?

And while Im on the subject (and then I'll shut up), I want to point out that the internal USCIS timeline for processing I-130's is very different from the one they like their 'customers' to see. Here is the actual process:

Day 1- receive I-130 from applicant

Day 2- send NOA1

Days 3 - 922: Sit around, call your mom in West Virginia to get that recipe for cornbread stuffing that you've been meaning to get. Talk to Mabel-Jo in the next cubicle about the latest Beyonce album, get pregnant, go on maternity leave, come back to 'work' (assuming we've kept your job open, which we probably haven't), go out to Walmart and buy Twinkies for everyone and sit around eating them while talking about who wore what dress for the Oscars, go on vacation to somewhere really foreign and remote with a totally alien culture, like Kentucky.

Day 923- Accidentally brush past the customer's I-130 while on your way to get enchiladas from the staff canteen

Day 924- arrange for 726 automated emails to be sent out, making sure each one is more confusing than the last

Day 925- put the application form and supporting documentation into an envelope and send it somewhere. It doesnt really matter where.

Day 926- Congratulate yourself for a job well done. Now move on to the next applicant.

That cracked me up! I am contemplating filing an expedite request with that sentence and nothing but that sentence for a reason.

Well dont quote me because they'll send me to jail for treason or something 50 years hard labour at Idaho State Penitentiary or somewhere, stitching mail bags together and hiding from the guy they call Big Daddy.

I mean really, as I've said before, God Bless America, oh say can you see, In God We Trust, etc etc...but just GTF on with it already. We all want to live in America BEFORE the end of time, not after it.

*just slightly irritated by the whole process*

*take no notice*

Honestly, its all so confusing. Im sure they could have made the process easier than this. Since that first email from them a few days ago, I've had 9 emails, all with slightly different info. I wish they'd just pull their fingers out and get on with it already

Hi Ajmuk

First congratulations on your approval. Where we're you transferred to? We were transferred on same day so I am thinking you were transferred to Texas. What does your letter say? I am very interested to see if you were in Texas.

I dont have the letter yet See the post above yours. im in the UK now and flying back to America on Tuesday, so Im hoping the letter will be there waiting for me (although I doubt it). No idea where I was transferred to...the email just said the application had been approved, but nothing else.